Hong Kong Set For Landmark Same-Sex Partnerships Bill Following Court Mandate

Hong Kong is poised to introduce a bill to the Legislative Council on July 16, 2025, that will formally recognize same-sex partnerships for the first time in the city’s history. The proposed legislation, published in the government gazette and submitted to the legislature on July 10, comes in direct response to a landmark 2023 Court of Final Appeal ruling mandating the government to create a legal framework for same-sex unions .

The push for recognition of same-sex couples in Hong Kong accelerated after the Court of Final Appeal’s decision in September 2023, which found that the lack of any legal framework for same-sex partnerships violated constitutional rights. In the case Sham Tsz Kit v Secretary for Justice, the court directed the government to “establish an alternative framework for legal recognition of same-sex partnerships” . This followed earlier legal victories for LGBTQ+ people, such as the extension of spousal visas to same-sex partners and expanded guardianship rights .

Under the draft bill, same-sex couples who have a valid marriage, partnership, or civil union registered in a jurisdiction outside Hong Kong could have their relationship recognized under a special registration mechanism. At least one partner must be a Hong Kong resident, and both must be adults who are not closely related by blood .

The bill would grant registered same-sex couples rights in areas such as:

- Medical matters, including hospital visitation and the ability to participate in medical decisions for a partner.
- Accessing a partner’s health records.
- After-death arrangements, such as body identification, cremation, or burial, and organ transplants .

The bill does not equate these partnerships with marriage. Officials have stressed that “same-sex partnerships registered under the alternative framework are not equivalent to marriages,” reaffirming the government’s commitment to upholding Hong Kong’s existing monogamous and heterosexual marriage system .

A new office—the Registrar (Same-sex Partnerships)—will be established to process registrations, with a public officer appointed to oversee implementation .

Local LGBTQ+ organizations and activists have welcomed the introduction of the bill as a step forward but remain critical of its limitations. Key rights—such as equal access to public housing, tax benefits, and the ability to visit a partner in prison—are not included in the current draft .

The NGO Hong Kong Marriage Equality described the proposal as a “good direction,” especially for recognizing hospital visitation and after-death arrangements. However, they argue that the only way to guarantee dignity, security, and protection for all families is to end the exclusion from marriage—something nearly 40 jurisdictions worldwide have already done .

A 2023 survey found that support for same-sex marriage in Hong Kong has reached 60 percent, with only 17 percent opposed, reflecting shifting public attitudes in the region .

Authorities say the bill aims to balance the rights and interests of same-sex couples with what they describe as societal expectations and the need to avoid “social divisiveness.” The Constitutional and Mainland Affairs Bureau stated that the alternative registration framework must be “prudent,” underscoring the government’s intent to “protect applicants’ rights and interests and prevent abuse” while maintaining social harmony .

Penalties of up to two years in prison are proposed for tampering with registration records, reflecting the seriousness with which the government intends to enforce the new system .

The first and second readings of the bill are scheduled for July 16, 2025. If passed, this law will mark a significant advance for LGBTQ+ rights in Hong Kong, even as advocates continue to call for comprehensive marriage equality and full legal parity .